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HomeMy WebLinkAboutCC RES 99-115RESOLUTION NO. 99-115 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PALM �- DESERT AUTHORIZING THE EXECUTION OF AN AGREEMENT PROVIDING FOR THE CITY TO PURCHASE A PARKING EASEMENT AT THE WESTFIELD SHOPPINGTOWN SHOPPING CENTER .•-. � WHEREAS, Westfield Corporation, Inc., as Agent for WEA Palm Desert LLC ("Westfield"), is the owner of the Westfield Shoppingtown Shopping Center, in Palm Desert, California (the "Center"); WH�REAS, Westfield is proposing to remodel and expand the Center, and, in connection therewith, to construct a parking structure adjacent to the main buildings comprising the Center; WHEREAS, the City desires to purchase an easement in the parking structure and use same for public parking purposes, if such structure should be built, subject to, and in accordance with, the terms and conditions of that certain Agreement presented to the City Council concerning this matter; WHEREAS, the City desires to appropriate funds to purchase the easement in the Parking Structure; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Palm Desert hereby finds, determines, resolves and orders: ection 1. The City Council approves the purchase of an easement in the pazking structure that may be built at the Center by Westfield, upon and subject to the terms set forth in the Agreement in the form presented to the City Council, for a purchase price of $9,826,850.00 (subject to adjustment as provided in the Agreement). The Mayor, the Mayor Pro Tem, and the City Manager, or either one of them alone, is hereby authorized to execute such Agreement as well as any instruments reasonably necessary to effect the City's purchase of the "Pazking Rights EasemenY' (as defined in the Agreement) including, without limitation, a Certificate of Acceptance. ection 2. The City Council hereby authorizes the Mayor, and the City Manager, or any one of them alone, to execute such other reasonable certificates, documents, instruments, agreements, and non-material amendments and modifications to the Agreement, as are recommended by the City Manager and the City Attorney, which ate reasonably required to � effect the intent of this Resolution and to implement the City's acquisition of the Parking Rights Easement. .... RESOLUTION NO. 99- 115 ection 3. The City Council hereby amends the Fiscal Yeaz 1999-2000 Budget by appropriating and transferring $10,000,000 from the Unobligated Fund Balance (Year 2000 Fund) to a special fund called the Parking Structure Fund. PASSED, APPROVED AND ADOPTED this 9th day of December, 1999, by the following vote to wit: AYES: NOES: Benson, Ferguson, Kelly, Spiegel, Crites None ABSENT: None ABSTAIN: None ATTEST: 3 � Ma or A I'/_ T1► � I .,� / l .� -. - �.�� - � _ 1 / • . . •'1 € � .. .�